Legal Opinion

Matthews v. Lynch

Supreme Court of South Carolina

Decided April 8, 1918No. 9950PublishedCited by 1 opinion

Before Spain, J., Florence, Spring term, 1916. Suit by C. M. Matthews and others against Z. C. Lynch and others, as trustees of School District No. 39. From decree dismissing complaint, plaintiffs appeal. The decree referred to in the opinion is as follows: The above case came before me for trial on the equity side of the Court without a jury.

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Before Spain, J., Florence, Spring term, 1916. Suit by C. M. Matthews and others against Z. C. Lynch and others, as trustees of School District No. 39. From decree dismissing complaint, plaintiffs appeal. The decree referred to in the opinion is as follows: The above case came before me for trial on the equity side of the Court without a jury. Plaintiffs moved to strike the second and third defense of defendants’ answer, and I granted the motion as to the second defense and took under advisement the motion as it related to the third defense, until after the testimony was taken. I then…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The plaintiffs brought this action to enjoin the defendants, who are the trustees of school district No. 39, in Florence county, from issuing certain bonds authorized by an election held in that district on August 19, 1914, under two provisions of section 1743, Civil Code 1912, which provides, inter alia:

“That before any election is held hereunder, it shall be the duty of the trustees of the school district to have a survey of said school district made by some competent surveyor and a plat thereof made and filed in the office of the…

2Cases cited1 opinion

  1. McLaurin v. TatumSupreme Court of South Carolina · 1910

3Cited by1 opinion

  1. Black v. StokesSupreme Court of South Carolina · 1927

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